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TexLaw
TexLaw, Attorney
Category: Business Law
Satisfied Customers: 4430
Experience:  Internationational Commercial Attorney
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Question for ZDN Law onlyThe insurance fraud and double

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Question for ZDN Law only

The insurance fraud and double recovery is the pillar of all this, I have been fighting with my previous counsel about it. Unfortunately, he had given the case to one of his assistants freshly graduated, was a nice guy but incompetent due to inexperience and when Plaintiff filed his 2nd amended complaint it was very obvious that he was perpetrating the fraud then. The guy did not see it, and I was uner the rays at the hospital. Around August, I asked him whay he hadn't done anything about it, he said there was nothing he could have done legally to poose to the amended complaint., I was shocked and inquired left and right, especially I knew he could have filed a motion to strike and I learned next that this was ripe for summary judgment and vacate the case without the cost of a trial thta I could not afford. My email exchanges are very clear, I am literally bombarding him with multiple protests. When he would answer, I would ask advice around and then come back with my objection. Since then, I have re-verified each time I could.

In order to save time, I wanted to review first the other aspects of the case, but this is the main reason why I want to file a motion rule 1.540 and why i tried to have admitted as evidence the letter of the adjuster and other documents of the insurance Co, including Plaintiff's sworn declaration of irremediable loss of rents etc... but they were denied on the hearsay exception rule, especially because Plaintiff had also avoided to call his witnesses
Hi, I am a moderator for this topic. I sent ZDN Law a message to follow up with you here, when he is back online. If I can help further, please let me know. Thank you for your continued patience.

Regards,
Wendy

Customer: replied 3 years ago.

Thank you, XXXXX XXXXX wait until ZDNlaw is available

You're welcome.
Hi,

I'm not quite certain why this took so long to get to me, but it finally did.

I think this information points back to the reasons why your lawyer committed malpractice. Based on what you are telling me, I see absolutely no reason why the case should not have been dismissed on a motion for summary judgment, in addition to the fact that the court should have immediately have been subjected to a mandamus action for wrongfully allowing the Plaintiff to amend in violation of its own order. The failures of your lawyer to do this, combined with the fact that he abandoned you before the trial while you were in the hospital and did not give you the case file so that you could adequately prepare seems to me to be a very very strong malpractice lawsuit.

Yes, all these things should be brought up to the judge as this demonstrates your excusable neglect on the issues and also points out that you did not knowingly waive any objection to the court's prior mistakes.
TexLaw, Attorney
Category: Business Law
Satisfied Customers: 4430
Experience: Internationational Commercial Attorney
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